Back / lumbar spine decisions — 2014

The Veteran's claim for service connection for PTSD was granted with an effective date of September 12, 2012. The Veteran also received a grant of service connection for sleep apnea and the effective date for this is set at May 19, 2003.

The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) for further development. The Veteran's service-connected disabilities, including lumbar degenerative disc disease, thoracic scoliosis, and osteoarthritis of the thoracic spine, are being evaluated.

The Veteran's appeal is being remanded due to the need for additional examination and consideration of new evidence. The issue remains whether he should receive a higher evaluation for his service-connected lumbar spine osteoarthritis.

The Board found no evidence of a service-connected disability for the neck, left shoulder, low back, or right knee disorders and denied all claims.

The Veteran withdrew his appeal before the Board could make a decision.

The Board has determined that the Veteran's current back disability is related to in-service back injuries and his service-connected knee disabilities. The claim for GERD was remanded due to inadequate medical examination.

The Veteran's low back disability is currently rated at 40 percent, effective December 21, 2006. The left ankle disability remains rated at 20 percent.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion or other factors.

The Veteran's lumbar spine degenerative disc disease has been rated at 20 percent since April 24, 2014. The rating is appropriate as the condition does not meet criteria for a higher rating prior to that date.

The Veteran's claim for service connection for a lumbar spine disorder, including degenerative disc disease (DDD) of the lumbar spine (L5-S1), is being remanded due to inadequate development and need for additional examination.

The Board finds that the Veteran's current back conditions are not related to his service and denies his claim for service connection.

The Board has granted service connection for low back, cervical spine, left knee and right knee disabilities based on the Veteran's credible assertions of in-service injuries and subsequent development of these conditions.

The Veteran's service-connected lumbar spine disability was not rated higher than 20 percent prior to January 22, 2009 and not rated higher than 40 percent thereafter. The other issues on appeal were also denied.

The Board has remanded the case for additional development due to inconsistencies in the March 2014 VA examination report and the Veteran's need to obtain medical records from a neurosurgeon at Memorial Hospital.

The Veteran's claim for an effective date earlier than August 25, 2006, for the grant of service connection for his lumbar spine disability has been denied. The Board finds that there is no evidence indicating that he submitted a valid claim within one year after discharge from active service or before August 25, 2006.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the left lower extremity are being remanded due to the need for additional medical records, a new VA examination, and proper notice.

The Board has granted service connection for tinnitus and degenerative disc disease (DDD), herniated discs L5-S1, status post L4, L5, L5-S1 anterior discectomy and vertebral body fusion, acquired spinal stenosis, and intervertebral disc disease. The Veteran's bilateral hearing loss claim is remanded for further development.

The Board has determined that there is no evidence to support a finding of service connection for DDD of the cervical spine, as it is not related to service or caused by the Veteran's service-connected lumbar spine disability.

The Veteran's back disability was characterized by pain and limited to 34 degrees of forward flexion, with less than two weeks of incapacitating episodes over the past year. The Board found that his condition more closely approximated a 40 percent rating.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD and depression, as well as for disc herniation secondary to his right total knee replacement. The claim for initial compensable rating for bilateral hearing loss was also denied.